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Ex-Army Reservist Sues to Avoid RecallFollow

#1 Jul 09 2004 at 10:54 AM Rating: Decent
Link is here

This guy serves his full eight years, leaves the Army for 5 months and is re-called until 2024? Man I'd file a suit as well.
What's even better is the Army's explanation:

"The Army has previously said while enlisted soldiers' service automatically ends after eight years, an officer is subject to recall indefinitely unless he resigns his commission. "

And how would he know that he had to formally resign his comission without any prior written knowledge.
#2 Jul 09 2004 at 10:57 AM Rating: Decent
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Quote:
"The Army has previously said while enlisted soldiers' service automatically ends after eight years, an officer is subject to recall indefinitely unless he resigns his commission. "

And how would he know that he had to formally resign his comission without any prior written knowledge.


It comes with the commision. This problem is easily resolved, just resign his commision, no need for a lawsuit.

#3 Jul 09 2004 at 10:58 AM Rating: Good
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What happens if you resign after serving your eight years or whatever? Loss of some sort of pension or benefits? I've no idea, so I'm just asking.
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#4 Jul 09 2004 at 11:01 AM Rating: Good
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That is common knowledge for a commissioned officer, as it was for me. RLOs' are explicitly told this from the time of their initial training and it is never hidden from them. If this bozo claims he didn't understand that, perhaps he had no business being a leader in the first place.

I've been out for five years and I recognise I could be activated at the whim of the Army at any time. Ya pays your moneys and takes your chances.

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#5 Jul 09 2004 at 11:40 AM Rating: Decent
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What happens if you resign after serving your eight years or whatever? Loss of some sort of pension or benefits? I've no idea, so I'm just asking.


No real negative consequenses. Most people don't resign commissions, but instead accept commissions in the reserve at equal or sometimes one bump up rank. That's why you see a lot more reserve Majors and Colonels.

This guy should have known this, though. It was explained to me maybe twenty times.

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#6 Jul 09 2004 at 12:17 PM Rating: Good
Hey, there's no law against being a dumbass.Smiley: grin

But there should be.
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